In a unique order passed earlier this year, the Disciplinary Committee of Bar Council of India has levied a fine of Rs 50,000 on a lawyer on account of ‘professional misconduct’ by filing multiple cases.
The complaint was filed by a man against his estranged wife’s lawyer, who also happens to be the respondent wife’s brother.
Case:
Parties got married in the year 2007. Following matrimonial disputes while living in the USA, the couple separated in 2012 and got divorced in 2013 (according to a court in US). The couple also has a minor daughter (US citizen), who was 1-year-old when the wife left the company of the husband (Indian Origin US Citizen) and returned to India.
Submission by Husband
The matrimonial matter was being heard in Circuit Court of Virginia, USA, when the Respondent No. 2 (wife) illegally abducted the child and returned to India. She was found to be in contempt of court by the competent court of law in USA. After coming back to India, Respondents (wife and her family), taking advantage of their legal background, filed false and frivolous cases not only against the Complainant but against his entire family.
Due to these acts, the Complainant has suffered at the hands of Respondents. It is further stated that Respondent No. 3 (wife’s father) who was a witness in one proceeding was conducting the case on behalf of Respondent No.2 which is not permissible under the law.
Defense by Respondents (Wife’s Family)
The respondents denied all allegations levied by the complainant husband and submitted that they have exhausted the civil remedies which were available to every (Indian) citizen. Adding further, the respondents emphasised that an advocate cannot be debarred for exhausting his or her judicial rights.
Disciplinary Committee – Bar Council of India
The Bar Council of India was hearing an appeal filed by the complainant husband against an August 2021 order passed by the Disciplinary Committee of Bar Council of Punjab and Haryana.
After going through both side submissions on record, the Disciplinary Committee of the Bar Council of India in its order dated March 18, 2024, observed:
This committee is of the opinion that exhausting legal rights is a fundamental right which was granted to the citizens by the Constitution of India. It cannot be curtailed irrespective of the caste, creed, religion etc. of an individual.
But in the present case, it appears from the documentary evidence annexed with the complaint that the Respondents have filed number of cases against the Complainant (husband) and his family with the bare intention to harass the complainant and his family, and the same is evident from the June 2015 report filed by Deputy Superintendent of the NRI Wing.
Adding further the committee stated:
From the perusal of this admitted case, the Respondents have left no stone unturned to implicate the complainant in false and frivolous case which is not expected from a common citizen.
Coming down heavily on the professional misconduct by the respondents, the committee remarked:
It is evident that Respondent no. 1 (wife’s brother) in connivance with other Respondents have not only given statements before the competent authorities, but at the same time they are also conducting the cases on behalf of Respondent No. 2 (wife) which amounts of Professional Misconduct as described in the BCI Rules.
The order further states that the wife’s advocate brother had filed a case under the Domestic Violence Act on behalf of Respondent No.2 (wife) and Respondent No. 1 (wife’s father) has deposed as a witness in the same case which is a violation of the Part IV, Section 2, Rule 13 of the BCI Rules of Professional Standards. To this, the committee added,
This committee is of the opinion that being the brother of Respondent No.2, Respondent No.1 acted in a careless manner which is not expected from a lawyer.
However, the committee further stated that despite the misconduct, they could not ignore the relationship between respondents and thus, taking a lenient view, the committee imposed a fine of Rs 50,000 on Respondent No. 1 (wife’s brother).
Respondents No. 2 (estranged wife) and 3 (estranged wife’s father) were further reprimanded not to involve in such kind of activities in future.
Respondent Advocate was directed to deposit the fine amount in the Advocate Welfare Fund of Bar Council of India, within one -month. If the Respondent Advocate failed to do so, he would be debarred from doing practice for a period of two years. In case of non compliance of these orders, Secretary Bar Council of Punjab and Haryana was directed to initiate the publication proceedings.
After the article was initially published in Punjab Kesari on April 30, 2024, we reached out to the husband in this case to understand the matter in detail. Speaking with Voice For Men India, the husband shared:
My ex-wife comes from a family of lawyers. Both my ex brother-in-law & father-in-law had filed number of cases against me and my family members in Mohali and Kharar respectively.
In all cases, they took ex-parte orders against me and even filed cases against my family members who are living in separate and different countries – my sister who is a doctor, lives with her family in Poland and my brother (who is a chartered accountant) and mother are living in Australia since decades.
My family members have faced the brunt of harassment along with me. Since the court declared all of us Proclaimed Offenders (PO), none of us were able to travel to India since the past 12-years.
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READ ORDER (VFMI Exclusive) | Bar Council Of India Fines Wife's Advocate Brother For Filing Multiple Cases To Harass Complainant Husband
— Voice For Men India (@voiceformenind) May 9, 2024
▪️BCI: "Respondents left no stone unturned to implicate complainant in false & frivolous cases…"#VoiceForMenhttps://t.co/7WGzkdns3M
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